Crime Punishment And Policing In China

Author : Børge Bakken
Publisher : Rowman & Littlefield
Page : 264 pages
File Size : 42,8 Mb
Release : 2005
Category : History
ISBN : 0742535746

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Crime, Punishment, and Policing in China by Børge Bakken Pdf

Crime long has been a silent partner in China's march to modernization, leading the regime to make law and order as central a priority as economic growth and the promise of prosperity. This groundbreaking study offers the first comprehensive and up-to-date analysis of Chinese crime, policing, and punishment. A multidisciplinary group of leading scholars draw on a rich body of empirical data and rare archival research to illuminate seldom-explored theoretical dimensions of legal ideology and reform as well as the linkages between crime and control to broader themes of law, modernization, and development. The authors balance comparative perspectives with an understanding of China's unique historical and cultural experience. This context is critical, the authors argue, as crime and control are at the root of modernity and how it is defined. In many ways the PRC is reliving the experiences of other industrializing countries, yet at the same time the practices of China's police and prison system also are painted with thick layers of historical memory. Order has become increasingly important in legitimizing the Chinese regime, but its practices and ideas of policing are often missing from our picture of Chinese social and political development. This important book's discussion of the paradoxes of policing and the problems of order bridges that gap and demystifies developments in China. All those interested in modern and contemporary Chinese politics, law, and society, as well as in comparative criminology and law, will find this work an invaluable resource. Contributions by: B rge Bakken, Frank Dik tter, Michael Dutton, James D. Seymour, Murray Scot Tanner, and Xu Zhangrun.

Author : Frank Dikötter
Publisher : C. HURST & CO. PUBLISHERS
Page : 484 pages
File Size : 52,5 Mb
Release : 2002
Category : Social Science
ISBN : 1850654824

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Crime, Punishment and the Prison in Modern China by Frank Dikötter Pdf

An examination of the enormous changes in Chinese society in the first half of the 20th century through the lens of the Chinese prison system. More than a simple history of prison rules or penal administration, the text offers a social and cultural analysis of the Chinese prison system that explores the profound effects and lasting repercussions of superimposing Western-derived models of repentance and rehabilitation on traditional categories of crime and punishment.

Author : Kam C. Wong
Publisher : Peter Lang
Page : 284 pages
File Size : 48,6 Mb
Release : 2009
Category : Foreign Language Study
ISBN : 1433100169

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Chinese Policing by Kam C. Wong Pdf

This book documents a systematic investigation into various aspects of policing in the People's Republic of China, including its scholarship, idea, origin, history, education, culture, reform, and theory. It approaches the study of Chinese policing from an indigenous perspective, informed by local empirical data. In proposing an innovative theory of community policing entitled «Police Power as a Social Resource Theory», the book seeks to look at crime as a personal problem, and police as a social resource, from the perspective of the people and not the state.

Author : Klaus Mu_hlhahn,Professor Klaus M?hlhahn
Publisher : Harvard University Press
Page : 378 pages
File Size : 54,6 Mb
Release : 2009-04-30
Category : Law
ISBN : 0674054334

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Criminal Justice in China by Klaus Mu_hlhahn,Professor Klaus M?hlhahn Pdf

In a groundbreaking work, Klaus Muhlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture. In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program. After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People's tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was reform through labor, and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the crime of counterrevolution was born. Muhlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.

Author : Michael Robert Dutton
Publisher : Unknown
Page : 391 pages
File Size : 47,8 Mb
Release : 1992
Category : History
ISBN : 052140097X

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Policing and Punishment in China by Michael Robert Dutton Pdf

This book traces the transition in the regimes of regulation and punishment of all social levels from late imperial to modern China, an area long neglected in Chinese studies. The book is particularly significant for its theoretical framework; it is not a simple narrative history of policing but, rather, draws on Michel Foucault's theoretical work on governmentality, punishment and control, using his genealogical method to construct a 'history of the present'. Whilst most Chinese Marxist accounts of history have assumed the sublimation of past as a precondition for present, Dr. Dutton illustrates that 'feudal remnants' play a part in the social regulation of contemporary China. Although the regime of punishment is no longer dominated by the physical, the psychology of that system remains: today, the file rather than the body is marked. China was the first nation to use statistical records as a basis by which to plot and police its people, and contemporary Chinese institutions for policing rely heavily on the maintenance of traditional notions of community mutuality. The current regime centres on work and production, rather than on the family and Confucian ethics, and is by no means a new version of traditional dynasties. Rather, its form of policing and modes of regulation have resonances of past. The transition that has occurred, therefore, has been from patriarchy to 'the people'. The first section of the book deals with mechanisms of surveillance from within the collective, particularly traditional modes of policing households, which were dependent on the centrality of family in Confucian notions of state. The following section discusses the emergence of prisons and the failure ofmodern Western penal systems in China, mainly because of their incompatibility with the notion of an individual subject. Section three analyses the household registration systems of the post-liberation period, concluding that they did not constitute reintroduction of the feudal system but were, in fact, similar to the Soviet system of labour registration. The final section discusses the other side of the ordered society; that is, reform through labour programmes and the notion of the prison as factory producing a clash of proletarians from within the Gulag.

Author : Enshen Li
Publisher : Routledge
Page : 172 pages
File Size : 40,7 Mb
Release : 2018-06-28
Category : Social Science
ISBN : 9781351039369

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Punishment in Contemporary China by Enshen Li Pdf

Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.

Author : Jianhong Liu,Lening Zhang,Steven F. Messner
Publisher : Bloomsbury Publishing USA
Page : 214 pages
File Size : 49,6 Mb
Release : 2001-08-30
Category : Law
ISBN : 9780313075032

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Crime and Social Control in a Changing China by Jianhong Liu,Lening Zhang,Steven F. Messner Pdf

This important edited collection of articles by both Chinese and American scholars attempts to promote a more accurate and in-depth understanding of crime and social control in China, as it undergoes significant cultural, economic, and social change. The editors contend that as the economic system has been transformed, many other social institutions in China have also experienced unprecedented changes, including legal institutions and other organizations responsible for social control. The essays focus on crime in China and summarize the major structural changes in Chinese society and their effects on crime and justice over the last ten to fifteen years, offer an overview of Chinese perspectives on crime, examine socio-economic changes and their impact on social control, and discuss changes in adults' and children's courts and the new changes in Chinese policing in Chinese society. Organized into four parts, this work addresses the nature, extent and special features of crime and delinquency in China under conditions of social change. It also investigates the question of the social correlation of changing patterns of crime. The impact of social transition on the changes in the grassroots level of social control is also discussed. Chinese law and criminal justice, with particular focus on the courts, police, and crime prevention are mentioned as well. This unique collection of essays is a timely and significant contribution to the fields of comparative criminology, social control, Chinese studies, and legal studies.

Author : Susan Trevaskes
Publisher : Routledge
Page : 242 pages
File Size : 43,7 Mb
Release : 2012-08-06
Category : Law
ISBN : 9781136951824

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Policing Serious Crime in China by Susan Trevaskes Pdf

Despite a resurgence in the number of studies of Chinese social control over the past decade or so, no sustained work in English has detailed the recent developments in policy and practice against serious crime, despite international recognition that Chinese policing of serious crime is relatively severe and that more people are executed for crime in China each year than in the rest of the world combined. In this book the author skilfully explores the politics, practice, procedures, and public perceptions of policing serious crime in China, focusing on one particular criminal justice practice – anti-crime campaigns – in the period of transition from planned to market economy from the 1980s to the first years of the twenty-first century. Susan Trevaskes analyzes the elements that led to the Hard Strike becoming the preferred method of attacking the growing problem of serious crime in China before going on to examine the factors surrounding the failure of the Hard Strike as a way of addressing the main problems of serious crime in China today, that is drug trafficking and organized crime . Drawing on a rich variety of Chinese sources Serious Crime in China is an original and informed read for scholars of China, criminologists generally and the international human rights community.

Author : Michael McConville
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 46,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781955864

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Comparative Perspectives on Criminal Justice in China by Michael McConville Pdf

'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.

Author : Michael Robert Dutton
Publisher : Unknown
Page : 391 pages
File Size : 44,9 Mb
Release : 1992
Category : Corrections
ISBN : OCLC:270734596

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Policing and Punishment in China by Michael Robert Dutton Pdf

Author : Hong Lu,Terance D. Miethe
Publisher : Routledge
Page : 326 pages
File Size : 44,6 Mb
Release : 2010-06-10
Category : Law
ISBN : 9781135914912

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China's Death Penalty by Hong Lu,Terance D. Miethe Pdf

By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

Author : Hungdah Chiu
Publisher : Maryland Series in Contemporary Asian Studies
Page : 46 pages
File Size : 55,9 Mb
Release : 1978
Category : Crime
ISBN : PSU:000005853878

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Criminal Punishment in Mainland China by Hungdah Chiu Pdf

Author : Shizhou Wang
Publisher : Kluwer Law International B.V.
Page : 260 pages
File Size : 41,9 Mb
Release : 2017-11-20
Category : Law
ISBN : 9789041195289

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Criminal Law in China by Shizhou Wang Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in China. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with China. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.

Author : Anqi Shen
Publisher : Springer
Page : 146 pages
File Size : 50,5 Mb
Release : 2018-11-15
Category : Social Science
ISBN : 9783030006747

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Internal Migration, Crime, and Punishment in Contemporary China by Anqi Shen Pdf

This work investigates inequality and social exclusion in contemporary Chinese society, specifically in the context of urbanization, migration and crime. Economic reforms started in the late 1970s (post-Mao) fuelled a trend of urbanization and mass migration within China, largely from rural areas to more economically developed urban regions. With this migration, came new challenges in a rapidly changing society. Researchers have extensively studied the rural-to-urban human movement, social changes, inequality and its impact on individuals and society as a whole. This volume provides a new perspective on this issue. It forges a link between internal migration, inequality, social exclusion and crime in the context of China, through qualitative research into the impact of this phenomenon on individuals’ lives. Using a series of case studies drawn from interviews with inmates – men and women – in a large Chinese prison, it focuses on migrant offenders’ subjective experiences, and analyses issues from the rarely-heard perspectives of migrant lawbreakers themselves. The research demonstrates how factors – including: the hukou system, rural-urban, class and gender inequalities, prejudices against rural migrants, and other structural problems – often lead to migrant offending. The author argues that to mitigate the effects of criminalisation, the root causes of these problems should be examined, emphasizing radical reforms to the hukou policy, cultural change in urban society to welcome newcomers, positive programs to integrate migrant workers into urban societies and improve their opportunities, rather than inflicting harsher penalties or reducing migration. While the research is based in China, it has clear implications for other regions of the world, which are experiencing similar tensions related to national and international migration. This work will be of interest to researchers in criminology and criminal justice, particularly with an interest in Asia, as well as those in related fields such as sociology, law and social justice.

Author : Jerome Alan Cohen
Publisher : Harvard University Press
Page : 742 pages
File Size : 54,6 Mb
Release : 1968
Category : Law
ISBN : 0674176502

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The Criminal Process in the People's Republic of China, 1949-1963 by Jerome Alan Cohen Pdf

This volume represents the fruits of a preliminary inquiry into one aspect of contemporary Chinese law-the criminal process. Investigating what he calls China's "legal experiment," Mr. Cohen raises large questions about Chinese law. Is the Peoples Republic a lawless power, arbitrarily disrupting the lives of its people? Has it sought to attain Marx's vision of the ultimate withering away of the state and the law? Has Mao Zedong preferred Soviet practice to Marxist preaching? If so, has he followed Stalin or Stalin's heirs? To what extent has it been possible to transplant a foreign legal system into the world's oldest legal tradition? Has the system changed since 1949? What has been the direction of that change, and what are the prospects for the future? Today, immense difficulties impede the study of any aspect of China's legal system. Most foreign scholars are forbidden to enter the country, and those who do visit China find solid data hard to come by. Much of the body of law is unpublished and available only to officialdom, and what is publicly available offers an incomplete, idealized, or outdated version of Chinese legal processes. Moreover, popular publications and legal journals that told much about the regime's first decade have become increasingly scarce and uninformative. In order to obtain information for this study, Mr. Cohen spent 1963-64 in Hong Kong, interviewing refugees from the mainland and searching out and translating material on Chinese criminal law. From the interviews and published works, he has endeavored to piece together relevant data in order to see the system as a whole. The first of the three parts of the book is an introductory essay, providing an overview of the evolution and operation of the criminal process from 1949 through 1963. The second part, constituting the bulk of the book, systematically presents primary source material, including excerpts from legal documents, policy statements, and articles in Chinese periodicals. In order to show the law in action as well as the law on the books, the author has included selections from written and oral accounts by persons who have lived in or visited the People's Republic. Interspersed among these diverse materials are Mr. Cohen's own comments, questions, and notes. Part III contains an English-Chinese glossary of the major institutional and legal terms translated in Part II, a bibliography of sources, and a list of English-language books and articles that are pertinent to an understanding of the criminal process in China.